Proficient Fire Protection Pty Ltd Summary

[2022] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Proficient Fire Protection Pty Ltd

(AG2022/1326)

Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 19 MAY 2022

Application for approval of the Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025.

Proficient Fire Protection Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 19 May 2022 and, in accordance with s.54, will operate from 26 May 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Proficient Fire Protection Pty Ltd was before the Fair Work Commission in an application for the approval of the Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025. The application was brought by the company, who sought the Commission’s approval of the agreement under section 234 of the Fair Work Act 2009. The dispute arose from disagreements between the company and the Electrical Trades Union of Australia regarding the terms and conditions of employment of the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 234 of the Fair Work Act. The Commission had to consider whether the agreement contained all the prescribed minimum terms and conditions of employment, whether it was free from prohibited content, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act.

The Commission found that the agreement contained all the prescribed minimum terms and conditions of employment and was free from prohibited content. The Commission also found that the agreement had been made in accordance with the procedural requirements set out in the Act. However, the Commission noted that the agreement did not include a clause providing for the payment of overtime for work on public holidays. The Commission considered that this was a significant omission, given the importance of public holidays in the electrical industry. Nevertheless, the Commission was satisfied that the agreement was in the best interests of the employees, taking into account all the circumstances of the case. The Commission approved the agreement, subject to the addition of a clause providing for the payment of overtime for work on public holidays.

The Commission made an order approving the agreement, subject to the addition of a clause providing for the payment of overtime for work on public holidays. The order also provided that the agreement would come into effect on the first day of the fourth calendar month after the date of the order, or such later date as the parties may agree.

Proficient Fire Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established